Latest News
Fines for Alleged Equipment Defects Settle for Lesser Amounts
An MSHA inspector’s discovery of a defect in the auxiliary emergency steering of a truck that had not been tagged out of service led to a citation under 56.14100(c) and $224 fine against Aggregates, USA, a Tennessee mine operator.
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Miner Killed at New Mexico Molybdenum Mine
A miner was killed this morning at an underground molybdenum mine in northern New Mexico.
According to information from MSHA and the company, at about 1:30 a.m., Isaac A. Garcia, 22, a mucker, was checking a derailed ore car when he became caught between two ore cars at Chevron Mining, Inc.’s Questa Mine in Taos County. The mine rescue team immediately began CPR and transported the victim to a waiting ambulance on the surface. However, Garcia, who had 28 weeks of mining experience, was pronounced dead at approximately 3 a.m.
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SCSR Performance Issue Traced to Testing Procedures
MSHA says testing procedures may be at the root of a report last month that four Orenco M-20 self-contained self-rescuers (SCSRs) had malfunctioned at one mine. Read more »
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Blacksville Mine to Reopen after Fire
Consol Energy Co.’s Blacksville No. 2 Mine will resume full production on Monday.
The company announced today that MSHA and state agencies had given the green light to its plan to reopen following a fire March 12. The coal mine was evacuated safely with no injuries after smoke was seen coming from a ventilation shaft.
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Two Named to New Posts in MSHA’s M/NM Division
MSHA has announced two personnel changes in its Metal/Non-Metal Division.
In the Western District, John Pereza has been named Assistant District Manager at district headquarters in Vacaville, CA. Pereza has been a Conference and Litigation Representative in the district since 2002. He began his career with the agency as an electrical inspector in 1998. Pereza has worked in accident investigations and on several handbook committees. Before joining MSHA, he worked at an Arizona copper mine in various surface and underground positions.
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New England Aggregate Operator Ordered to Pay Delinquent Fines
A Connecticut sand and gravel operator is under a court order to pay delinquent civil money penalties for Mine Act violations.
In a press release today, the Department of Labor (DOL) said American Industries, Inc. of Jewett City has been ordered to pay $34,061 plus interest at eight percent annually for failing to pay fines dating from 2007. The operator must also post a $30,000 performance bond to ensure future compliance, DOL said.
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Late Filing No Bar to Discrimination Claim
An administrative law judge (ALJ) has rejected a mine contractor’s attempt to dismiss a discrimination claim brought by an employee after the statutory deadline.
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Bill Would Increase Grant Funding for Black Lung Disease
U.S. Rep. David B. McKinley (R-WV) has introduced legislation to increase Brookwood-Sago grant funding by at least $10 million and to use the additional funds for research and outreach to prevent and treat black lung disease.
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Comment Sought on Paperwork Burden of Coal Standard
MSHA has brought a first ever request for comment regarding the paperwork burden of its requirement that underground coal mines develop and maintain a program for regular cleanup and removal of accumulations of coal, coal byproducts and other combustibles.
The requirement is under 30 CFR 75.400-2. The request has been brought under the Paperwork Reduction Act (PRA). In explaining why this is the first time request, MSHA said the standard was written before the PRA was promulgated. Read more »
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Analysis: Latest ALJ Rulings Bring Confusion to Sec. 110(c) Proceedings
Rulings over the past four business days by separate administrative law judges (ALJs) appear to muddy the water over the length of time allowed MSHA to assess penalties in Sec. 110(c) investigations before the fines are thrown out on procedural grounds.
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Despite Redundant Safety Devices, Chocking Violation Still S&S, ALJ Says
An administrative law judge (ALJ) has upheld an MSHA chocking violation as significant and substantial (S&S), even though the parking brake on the equipment involved was set and its bucket had been lowered to the ground.
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Coal Operator Settles Discrimination Claims
A Colorado coal operator has paid two employees more than $200,000 to settle discrimination claims brought against it under the Mine Act.
New Elk Coal Co., LLC has agreed to pay an employee approximately $115,000 after he was fired for reporting alleged safety-related complaints to MSHA, the agency said in a news release Wednesday. The settlement followed an earlier agreement in January in which the company paid a supervisor about $88,000, according to the release. In each case, New Elk also paid a $10,000 fine to MSHA.
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IMA-NA Companies, Mines Recognized for Outstanding Safety Achievement
Fourteen member mining companies and 33 individual mine sites were recognized for outstanding safety achievement in 2012 during the Industrial Minerals Association – North America’s (IMA-NA) annual spring meeting this week in Washington, D.C. The recognition program is run in cooperation with MSHA.
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Long Delay in Assessing Fines No Bar in Sec. 110(c) Cases
A lapse of nearly 2½ years between when a citation is issued and a penalty assessed against agents of operators under Sec. 110(c) of the Mine Act is no justification for case dismissal, an administrative law judge (ALJ) ruled Tuesday.
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ALJ: Coal Mine Prep Work Requires Approved Plans
A coal operator seeking to rehabilitate a nonproducing mine must have a ventilation plan approved by MSHA before beginning work to bring the mine back on line.
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ALJ Erases Citation after Finding Burn Injuries not Life-Threatening
An administrative law judge has ruled that burn injuries an on-call electrician received to his face and hands in an arc flash at a Colorado cement plant were not life-threatening and thus do not support an immediate notification citation issued by MSHA.
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Lime Producer Settles over 2010 Mine Fatality
A lime producer has settled an enforcement action brought against it by MSHA over the death three years ago of one of its employees in a mining accident in Oklahoma.
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Failure to Block against Motion Led to Contract Welder’s Death
A contract welder was killed at a Kentucky surface coal mine because the machinery he was working on at the time of the accident had not been blocked against hazardous motion.
In an accident investigation report released Friday, MSHA said Jerry A. Watts died Jan. 26 after a hydraulic jack slipped that he was using to separate a metal liner from the push blade of a bulldozer. The liner, which weighed about 1,500 pounds, recoiled striking Watts in the head and pinning his arm. The accident occurred at T & T Energy, LLC’s Begley Resources #1 Mine in Hyden.
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Operator’s ‘Cavalier Attitude’ Brings Increase in Penalty
Taking a dim view of a Pennsylvania coal operator’s efforts to draw down water in a bleeder, an administrative law judge (ALJ) raised the level of negligence and added $10,000 to MSHA’s proposed penalty.
ALJ Janet Harner affirmed two orders MSHA issued in April 2010 at Emerald Coal Resources, L.P.’s Emerald Mine No. 1 in Greene County for a violation of the mandate to conduct weekly examinations (75.364(a)(2)(iii)) and of the mine’s approved ventilation plan (75.370(a)(1)).
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West Virginia Man Indicted for Falsifying Mine Safety Records
A West Virginia man has been charged with falsifying mine examination documents.
Craig Belcher, 36, of Bluefield was indicted Tuesday by a federal grand jury in Charleston on four counts of providing a false statement, representation and certification on examination records, according to a news release issued by U.S. Attorney Booth Goodwin.
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Current Regulatory Agenda
Proposed (P) Final (F)
MSHA
(F) Pattern of Violations Issued Jan '13
(F) Prox Detect Devices:CMMs May '13
(F) Respirable Coal Dust Jun '13
(P) Prox Detect Devices UG Jul '13
(P) Civil Penalties Jan '13
(P) Legal Identity Not. Jul '13
(P) Silica Aug '13
(P) Testing Fees Aug '13
OSHA
(F) Update Signage Mar '13
(F) Coop. Agreements Apr '13
(F) Update NAICS May13
(F) Confined Space Construction Jul '13
(F) Slips, Trips, Falls Aug '13
(P) Silica May '13
(P) Inj/Ill Reporting May '13
(P) Combustible Dust Oct '13
(P) I2P2 Dec '13
Fatalities
2013
- Coal 8
- Aggregates 2
- Other M/NM 5
Total 15
- 2012
- Coal 19
- Aggregates 10
- Other M/NM 6
Total 35
- 2011
- Coal 21
- Aggregates 8
- Other M/NM 8
Total 37
- 2010
- Coal 48
- Aggregates 9
- Other M/NM 14
Total 71





